talking points memo obtained senator paul's proposal. there is no mention of a single order in violation of the constitution. not one. maybe these righties just don't know enough about the constitution. perhaps there is someone who could help them out. let's try former bush attorney general michael mukasey. >> it seems to be by definition an abuse of power, a power grab, if you will. no? >> it is -- politically it is a power grab, yes. >> politically is it then unconstitutional in some instances? >> i don't think it's unconstitutional in the sense that i don't think it's something you that could get a court to find unconstitutional. >> uh-oh. it's not the answer hannity was looking for. maybe he should try asking it in a different way. >> so did you think that obama care was unconstitutional? >> did i? >> did you agree with the majority opinion? >> the supreme court said it was unconstitutional. >> you did? >> so you agree with john roberts? >> yes. >> you did. i'm surprised. because in that case -- so through the use of the commerce cla